Unlawful employment discrimination occurs when an employee experiences adverse treatment motivated by national origin, sex, race, age, creed, orientation, religion or veteran status.
This type of discrimination can be very difficult to prove. Most employers will deny discrimination, claiming that an unlawful bias was not the motivating factor for the behavior.
The employee must prove that the employer intentionally tried to cover up the discrimination by providing an alternative reason for the unfair treatment. Hiring a lawyer who is familiar with discrimination cases is the most effective way to win an employment discrimination case.
Below is some of the evidence that you must acquire in order to build a successful case:
- Direct evidence. Racial remarks or slurs, demeaning jokes or treatment of any kind and admissions of bias will help show that an employer is discriminatory. For example, direct evidence is when a credible witness testifies that they overheard the employer say, “Women don’t belong in law enforcement.”
- Indirect evidence. This includes statistics showing that a company fails to follow its own policies in regards to people in a particular class. For example, statistics revealing that only older black males are fired from the company during layoffs might be considered indirect evidence.
- Prima facie. A “prima facie” case is a procedure the U.S Supreme Court adopted for proving unlawful discrimination since motivation is invisible. It requires proof that the employee is a member of a protected class and is qualified for the job in question. The case must prove that the employee was terminated, demoted or treated differently than someone outside the protected class and that the employee was damaged as a result of the discrimination.
Proving unlawful employment discrimination is a challenge. If you believe you’ve been discriminated against, you should speak with an attorney who specializes in this area of law as soon as possible to discuss your case.
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